PROCEDURE for CONDUCTING a WORKING CERTIFICATE COMMITTEE HEARING
Working Certificate Test Rules and Regulation
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15.1 It is essential that the defendant be given the opportunity to be present during the whole hearing and to testify and present his own witnesses. If a defendant refuses to attend or defend himself, the hearing may proceed without him. In notifying the defendant of the hearing, it is essential that he be informed specifically of the nature of the charges against him and that a record of such notice be made.
15.2 The complainant must also be informed of the hearing and allowed to be present throughout the whole hearing.
15.3 Both the complainant and defendant should be informed that they may be represented by legal counsel or an agent at the hearing if they choose but this is not necessary.
15.4 The chair is to call the meeting to order and then announce: "We are proceeding by reason of our appointment to the Working Certificate Test Committee by (name oftest-giving club)."
15.5 The chair shall identify all persons present and the reason for their presence (i.e. complainant, defendant, witness) and then ask the witnesses to withdraw until required to give evidence. After giving evidence a witness may be excused.
15.6 The complaint is to be read except that if the complainant and defendant agree, it may be necessary to relate only the substance of the complaint as set out on the Official Complaint form.
15.7 The chair is to ask the defendant whether he wishes to admit or deny the complaint as it has been read or stated.
15.8 The complainant is to give evidence on the complaint. He may then be questioned by the defendant. At the chair's invitation, any member of the Committee may question the complainant. If the complainant has brought witnesses, such witnesses may then give evidence individually. Each witness may be questioned by the defendant or any member of the Committee. Each witness is to leave the hearing after evidence has been given.
15.9 Upon completion of the evidence given by the complainant and any witness appearing on his behalf, the defendant may then give evidence and may then be questioned by the complainant or any member of the Committee. If the defendant has brought witnesses, such witnesses may then give evidence individually. Each witness may be questioned by the complainant or any member of the Committee.
15.10 The chair may then call any other witness which the Committee considers appropriate to the proper hearing of the complaint.
15.11 The complainant may then have the opportunity of summing up the complaint and the evidence presented in support thereof. The defendant shall have the opportunity of summing up his defence and any evidence presented in support of his defence.
15.12 The chair shall announce that the Committee will be submitting a report on the hearing together with its recommendation on the disposition of the complaint to the Discipline Committee of the CKC and the parties concerned. All but the Committee members shall be dismissed so that the matter may be considered.
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